Edited by Paul Torremans
Chapter 11: Ubiquitous and multistate cases
This chapter addresses the problems arising for the cross-border enforcement of intellectual property rights in ubiquitous or multistate scenarios and the possible solutions of facilitating enforcement in these cases. The cross-border enforcement of intellectual property rights is particularly challenged in case of ubiquitous or multistate infringement. The term ‘ubiquitous infringement’ refers to an infringement of an intellectual property right that results from the same factual setting and at least potentially occurs worldwide or virtually in every state. Ubiquitous infringement thus concerns copyright or well-known unregistered trademarks whose protection does not depend on an act of registration so that they can be protected in virtually every state. In order to affect every state of protection worldwide the infringement needs to be conveyed by ubiquitous media; in most cases it will occur through the internet. The term ‘multistate infringement’ refers to an infringement of an intellectual property right that results from the same factual setting and occurs in a multitude of states without meeting the requirement of occurring potentially worldwide. Multistate infringement scenarios may therefore involve both unregistered and registered intellectual property rights. As indicated by the title of this research handbook, ubiquitous and multistate scenarios will be discussed under the theme of enforcement. Responding to this chapter’s insertion in the private international law part of the book, it will discuss ubiquitous and multistate scenarios with a focus on private international law.
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